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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4641554 (SAL 082653)

Regular

Sep 04, 2014

SUSAN LOCEY (deceased), DIRK LOCEY (husband) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

This case involves a petition for reconsideration of decisions regarding an injured correctional officer, Susan Locey. The Workers' Compensation Appeals Board (WCAB) rescinded the administrative law judge's (WCJ) findings, remanding the case for further development of the record. While the WCAB upheld the finding of total permanent disability accrued before the employee's death, it found insufficient evidence for an additional temporary disability period and a need for further proceedings to apply Labor Code section 4700 regarding dependents. The WCAB also confirmed that any future temporary disability indemnity must be adjusted per section 4661.5.

Workers' Compensation Appeals BoardSusan LoceyDirk LoceyState of California Department of Corrections & Rehabilitationlegally uninsuredOpinion and Decision After Reconsiderationstipulated awardindustrial injurycorrectional officertemporary disability

References

Case No. ADJ2012304 (STK 0213737)

Regular

May 27, 2014

HILARIO GONZALES vs. DIRK LIMAS CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involved an applicant seeking reconsideration of a Workers' Compensation Judge's decision that denied his psychiatric injury claim due to insufficient employment duration and labeled his accident as not "sudden and extraordinary." The Appeals Board granted reconsideration, finding the psychiatric injury claim compensable because the applicant's testimony, uncontradicted by the defense, established the accident as a sudden and extraordinary employment condition. The Board also ruled the psychiatric expert's reports admissible and remanded the case for further proceedings on permanent disability and future medical care, particularly concerning cognitive and psychiatric conditions. The issue of apportionment of permanent disability was deferred pending further development of the record.

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injurypermanent disabilityfuture medical carereconsiderationvocational expertApportionmentPQMEAME

References

Case No. ADJ7022706 ADJ7014682 ADJ7014683

Regular

Jul 03, 2013

LUGARDO PUERTA vs. DIRK KISIEL CONSTRUCTION, INC., REDWOOD FIRE & CASUALTY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration in Case No. ADJ7022706 et al. The dismissal was based on the petition being untimely filed. The Findings and Order were issued on April 17, 2013, and the petition was not filed within the statutory 20-day period plus 5 days for mailing. Therefore, the Board found the petition procedurally barred.

Petition for ReconsiderationuntimelydismissalWorkers' Compensation Appeals BoardFindings and Orderlien claimantLabor Code section 5903Code of Civil Procedure section 1013administrative law judgeReport and Recommendation

References

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SUSAN LOCEY (deceased), DIRK LOCEY (husband) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

HILARIO GONZALES vs. DIRK LIMAS CORPORATION, STATE COMPENSATION INSURANCE FUND

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injurypermanent disabilityfuture medical carereconsiderationvocational expertApportionmentPQMEAME

LUGARDO PUERTA vs. DIRK KISIEL CONSTRUCTION, INC., REDWOOD FIRE & CASUALTY, STATE COMPENSATION INSURANCE FUND